(a) Requirement for Permit. Except as otherwise excluded from the application of this Article and in addition to any applicable permitting requirements for well construction, reconstruction, abandonment and destruction pursuant to the provisions of the San Bernardino County Code, no person, district or other entity acting as principal, agent or employee, shall locate, construct, operate or maintain any new groundwater well within the desert region of San Bernardino County, as identified in § 33.06552(a), without first filing a written application to do so with the enforcement agency and receiving and retaining a valid permit as provided herein. This permit is a discretionary permit under the California Environmental Quality Act (CEQA, Public Resources Code §§ 21000 et seq.)
(b) Application for Permit. Applications for permits under this Article shall be submitted to the enforcement agency in a format prescribed by the enforcement agency, and shall be of sufficient detail to allow the determinations set forth in Subdivisions (c) and (d) of this Section to be made. Applications shall include the following information:
(1) A plot plan depicting the location of the proposed well(s) on a section map depicting the location of the following items within one-half mile of the well(s):
(A) Property lines, location and ownership of all parcels and easements;
(B) All intermittent, perennial, natural or artificial bodies of water or watercourses;
(C) Notable nearby geographic features (faults, etc.);
(D) All other wells; and
(E) Landfills, septic systems or other liquid or solid waste facilities.
(2) Proposed well diameter, depth and completion interval (screen or perforation locations) for proposed well(s);
(3) Well design capacities for proposed well(s);
(4) Anticipated groundwater safe yield of the affected groundwater aquifer;
(5) Anticipated static and pumping levels;
(6) Anticipated water quality;
(7) The intended use of groundwater from the proposed well(s);
(8) The proposed months of operation of the proposed well(s) (year-round, irrigation months, etc.);
(9) The proposed pumping cycles (one eight-hour/day cycle, two six-hour/day cycles, etc.).
(10) Estimated annual pumpage from the proposed well(s) in acre-feet;
(11) System description (irrigation, domestic, etc.);
(12) Anticipated return flows (deep percolation, runoff, etc.);
(13) The estimated rate of natural recharge to the affected groundwater aquifer(s) calculated in accordance with generally accepted scientific methodologies and as deemed appropriate by the enforcement agency;
(14) A description of the affected groundwater aquifer(s) including estimated storage capacity and the overall quality of water within the aquifer;
(15) Other information as may be reasonably necessary for the County to determine the potential effects of the proposed well operations on the groundwater safe yield and aquifer health of the affected aquifer;
(16) Supporting documentation, where available, for all of the foregoing items.
(c) Permit Review.
(1) Procedure: administrative review or public hearing.
(2) Reviewing authority: The Director of the Department of Public Health, Environmental Health Services Division, shall be the reviewing authority for Permit applications except in the following circumstances:
(A) Where the Director of the Department of Public Health, Environmental Health Services Division refers the proposal to the Board of Supervisors for Public Hearing.
(B) Where the proposal is filed concurrently with an application subject to Public Hearing review procedures.
(3) Where the Director of the Department of Public Health, Environmental Health Services Division is the reviewing authority, the procedure shall be considered to be Administrative Review and notice shall be provided pursuant to § 33.06555 herein.
(d) Conditions of Approval. Plans shall be submitted to the enforcement agency demonstrating compliance with the standards of this Article. No permit shall be issued unless the enforcement agency determines, based upon the available data, that the well(s) constructed and operated as proposed, would not result in exceeding the groundwater safe yield of the relevant aquifers. Permits may include conditions and requirements found by the enforcement agency to be reasonably necessary to accomplish the purposes of this Article, including, but not limited to, conditions requiring groundwater management, mitigation and monitoring by the applicant.
(e) Environmental Review. Prior to taking an action to approve an application for a permit, the enforcement agency shall make the environmental findings required under the California Environmental Quality Act.
(f) Denial. The enforcement agency shall deny the application where it determines that the standards of this Article have not been met; where the well operations proposed in the application would result in exceeding the groundwater safe yield of the relevant aquifers considered individually or in conjunction with other existing wells.
(g) Permit Fees. The hourly rates for administering the provisions of this Article are established under the provisions of the San Bernardino County Code Schedule of Fees.
(h) Permit Suspension/Revocation or Modification. Permits may be issued only for so long as the well operations do not exceed the groundwater safe yield of the relevant aquifers. Permits will be suspended, revoked or modified if the enforcement agency determines that continued operations under the permit would result in overdraft of the relevant aquifers.
(i) Administrative Variances and Special Circumstances. The County may grant an administrative variance from any provision of this Article due to special circumstances or hardship. The County may describe alternative requirements where submitted documents as may be reasonably required by the County provide substantial evidence that a modification of the requirements in this Article will not endanger the general public health and safety and strict compliance would be unreasonable in view of all of the circumstances.
(j) Inspection and Monitoring. The enforcement agency may, with consent or a warrant if required, at any and all reasonable times enter any and all places, property, enclosures and structures for the purposes of making examinations and investigations to determine whether any provision of this Article is being or has been violated.